Filed 1/26/23 D’Souza-Ronquillo v. Ronquillo CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
ABIGAIL D’SOUZA- B316049
RONQUILLO,
(Los Angeles County
Plaintiff and Respondent, Super. Ct. No.
20STRO06687)
v.
EDWARD RONQUILLO,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Elizabeth Scully, Judge. Affirmed as modified.
Edward Ronquillo, in pro. per., for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
_______________________________
Edward Ronquillo, representing himself, appeals from a
three-year domestic violence prevention restraining order,
protecting his then-wife, Abigail D’Souza Ronquillo, and their
1
young daughter. He contends the trial court engaged in racial
bias against him when it found (1) Abigail was credible and (2)
there was sufficient evidence to grant the restraining order. The
record does not support Edward’s contention of error. As we
explain below, we order the trial court to modify the restraining
order to reflect the correct date the trial judge signed the order.
As so modified, we affirm the order.
BACKGROUND
I. Abigail’s Request for a Restraining Order and
Edward’s Response
A. Abigail’s moving papers
On December 9, 2020, Abigail, through counsel, filed an ex
parte request for a domestic violence prevention restraining order
against Edward, protecting herself and their one-and-a-half-year-
2
old daughter. (Fam. Code, § 6200 et seq.) In her declaration
accompanying the request, Abigail stated she and Edward had
been married since 2017.
According to Abigail’s declaration, she and Edward had
been experiencing marital problems. A few months before she
filed her request for a restraining order, Edward threatened to
kill himself in front of her and their daughter. When she
attempted to calm him down, he screamed at her and told her he
1
Hereafter, we refer to the parties to this action by their
first names to avoid confusion.
2
Undesignated statutory references are to the Family
Code.
2
would kill her. Around three weeks before she filed this request,
Edward, in front of Abigail and their daughter, grabbed one of
four guns he kept around the house and held it to his head as he
threatened to kill himself. Abigail stated Edward kept his guns
“unlocked and out in plain sight.” Around two weeks before she
filed her request for a restraining order, as she was leaving the
house to go grocery shopping, she noticed Edward had a gun
“loose on the piano,” near where their daughter was playing.
When she asked him to lock the gun in his safe he became angry,
but he complied after “[m]uch hesitation.”
According to Abigail’s declaration, at some point in between
the above-described events, Edward “insisted” the couple attend
marriage counseling. When Abigail “tried to speak with the
marriage counselor in private, [Edward] got suspicious and upset
and fired the marriage counselor on the spot.” Abigail described
Edward as “very controlling, paranoid, and suspicious.”
Abigail also described in her declaration a November 26,
2020 incident of physical violence that she asserted Edward
committed against her. At around 9:30 p.m., Edward became
upset with her because she did not want to watch television with
him. He had demanded she “spend 30 minutes alone with him
every night” and, on this occasion, he told her that she “ ‘needed
to obey him’ ” and watch television with him. She explained to
him that she needed to put their daughter to sleep because it was
getting late. He became angry and repeatedly yelled at her to
leave his house. She told him it was late, and she did not have a
place to go. He responded by shouting profanities at her.
Fearing that Edward might hit her, Abigail carried their
daughter into the daughter’s bedroom and closed the door.
Edward “started banging on the door and then rushed into the
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room and kicked [Abigail’s] legs and continued to demand that
[she] get out,” while Abigail was holding their daughter. He
called Abigail “a demon” and continued to yell. As Abigail and
their daughter cried, Edward took the child from Abigail and put
her to sleep. Thereafter, Edward continued to yell at Abigail
through the night, demanding she keep her eyes open and not fall
asleep.
Abigail stated in her declaration that on December 8, 2020,
she left the family home with her daughter and went to stay with
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a family member.
On December 9, 2020, the day Abigail filed her ex parte
request, the trial court granted a temporary restraining order
against Edward, protecting Abigail and their daughter.
B. Edward’s written response and accompanying
exhibits
On December 23, 2020, Edward, as a self-represented
litigant, filed a declaration in response to Abigail’s request for a
permanent domestic violence prevention restraining order.
Therein, Edward denied he ever committed any physical violence
against Abigail or threatened to kill her. He also denied he
threatened to kill himself in front of their daughter. Edward
stated Abigail threatened to kill herself in 2016, before they were
married, when he told her he wanted to end their relationship
because he witnessed her “lack of charity to a homeless” person.
He also stated that in 2017, after they were married, Abigail once
kicked him “extremely hard in [his] back” and addressed him
3
In her testimony at an April 15, 2021 evidentiary hearing
discussed below, Abigail stated that she left the family home one
day later, on December 9, 2020.
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with profanity and other derogatory comments because she was
unhappy they were living with his parents (before they moved
into their own house).
Edward further stated in his declaration that Abigail’s
brother and his wife, with whom Abigail left the day she filed the
request for a restraining order, “would often make rude and
racist comments” about Mexico and Mexicans, knowing Edward
was of Mexican descent. Edward told Abigail he did not want
them to be his daughter’s godparents based on “their racist
statements” and other comments.
According to Edward’s declaration, after their daughter’s
birth in 2019, Abigail spent less time alone with him (without
their daughter), and he asked her for more time. About a year
later, Abigail told him if he left her, he would never see his
daughter again. In November 2020, Edward asked Abigail to
attend marriage counseling. He denied Abigail was unable to
speak privately with the marriage counselor, but he explained
that he sought a different marriage counselor for himself due to a
difference of opinion with the first marriage counselor.
Edward acknowledged he had four guns in the family
home, but he stated he always kept them locked away on a high
shelf in the guest bedroom closet. He also acknowledged the
occasion Abigail referenced in her declaration when one of his
guns was on top of the piano. He stated he was sitting on the
piano bench “inspecting the revolver in order to clean it.” The
gun was unloaded and not within his daughter’s reach, and he
put it away at Abigail’s request.
Edward disputed Abigail was “in any reasonable
apprehension of imminent serious bodily injury,” noting she did
not leave the home until nearly two weeks after the November
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26, 2020 incident she described in her declaration (an incident of
physical violence that he denied). He attached to his declaration
friendly text messages Abigail sent him on December 3 and 7,
2020, before she left and filed the request for a restraining order.
Edward also attached to his declaration five checks Abigail
made payable to her brother from her joint account with Edward,
all dated December 9, 2020. Four of the checks were for $9,500
and one check was for $4,500, for a total of $42,500. Edward
asserted in his declaration that “these five structured checks”
violated title 31 of the United States Code section 5324, a statute
captioned, “Structuring transactions to evade reporting
requirement prohibited.”
II. The Hearing
On April 15, 2021, the trial court held an evidentiary
hearing on Abigail’s request for a domestic violence prevention
restraining order. Both Abigail and Edward were represented by
counsel at the hearing. Abigail and her brother testified in
Abigail’s case; Edward testified in his defense.
A. Abigail’s testimony
Abigail testified about the events she described in her
declaration. Her testimony was consistent with her declaration
in all material respects, and Edward does not argue otherwise on
appeal.
Regarding Edward’s four guns, Abigail testified he kept one
locked in a safe in a bedroom closet, one loose on a shelf in the
same bedroom closet, another loose on a bookshelf in his office (a
converted bedroom), and the fourth loose in the garage. Abigail
also stated that Edward had hunting knives “lying all over the
place” that “were not locked up or anything.”
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Abigail stated that on an occasion in October 2020, Edward
was in “a fit of rage.” When she “told him to calm down,” he
responded that if she ever said that to him again, he would kill
her. This testimony appears to concern one of the incidents
Abigail described in her declaration.
Abigail testified about a November 2020 incident she
referenced in her declaration during which Edward held a gun to
his head and threatened to kill himself. She stated that Edward
was on paid administrative leave from his employment. She
believed he was having mental health issues and told him she
thought he needed therapy. He picked up a gun from the
bookshelf in his office, held it to his head, and said multiple times
that he would shoot himself unless she told him to stop. She
complied and told him to stop.
Abigail testified that she was “extremely afraid” of Edward
and feared for the safety of herself, her daughter, and the rest of
her family. On December 9, 2020, “[b]ecause Edward’s behavior
was getting worse from day to day,” she made arrangements for
her brother and his wife to meet her at a parking lot near her
home and take her to their home.
On cross-examination by Edward’s counsel, Abigail denied
any suicidal thoughts and denied she had threatened to commit
suicide in Edward’s presence.
Also on cross-examination, Abigail acknowledged that on
December 9, 2020, she transferred money from her joint bank
account with Edward to her brother’s bank account. She testified
that she was employed prior to her marriage to Edward and for
over a year during the marriage. On redirect examination, she
stated that the money she transferred to her brother’s bank
account was money she had earned prior to her marriage, and
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Edward had required her to add his name to the bank account
containing that money.
Abigail testified on redirect examination about an incident
in late 2017 during which Edward picked her up and “threw” her
out the door of their bedroom in “a fit of rage” after she “playfully
kicked” his abdomen, tickling him. He told her that he did not
like to be tickled.
B. Testimony from Abigail’s brother
Abigail’s brother testified he was concerned for Abigail’s
safety and the safety of their entire family due to Edward’s
“erratic behavior” (that he had witnessed) and the events Abigail
had related to him. In or around November 2020, Abigail called
him crying, stating Edward had purchased several firearms, had
threatened to kill himself, and had threatened to kill her and her
family if she left with their daughter. Abigail asked her brother
to help her leave the family home, and they devised a plan for
him to drive from Los Angeles (where he lived) to Central
California (where she lived) to pick her up.
Edward’s counsel cross-examined Abigail’s brother.
C. Edward’s testimony
Regarding the November 26, 2020 incident Abigail
referenced in her declaration and in her testimony, Edward
acknowledged that he asked Abigail to watch a television
program with him on that date and she declined. He stated that
during their marriage counseling, she had agreed to “spend 30
minutes a day” with him at the counselor’s recommendation, and
then she “changed her mind” and did not want to spend any time
with him. Edward denied that he threatened to kick her out of
the house, threatened to kill her, or kicked her legs during that
incident. He also denied that he had ever threatened to kill her
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or any of her family members. He further denied there was an
incident in 2017 when he kicked her out of their bedroom, as she
testified.
Edward testified consistently with his declaration
regarding the storage of his guns and the incident during which
he placed a gun on the piano when he was preparing to clean it.
He stated he cleaned his guns about once a week. He
acknowledged he owned knives and stated he stored them in a
box on the top shelf in the garage, around seven feet from the
ground.
Edward denied he ever threatened to kill himself in the
presence of Abigail and their daughter. He reiterated the
statements he made in his declaration that Abigail threatened to
kill herself once in 2016 after he said he wanted to end their
relationship.
Edward testified that Abigail was employed for around four
years prior to their marriage and for around one year during
their marriage.
“Sometime in 2020,” Edward filed a petition for an
annulment of the marriage. The reasons Edward believed his
marriage to Abigail was a fraud (on her part) are not material to
our resolution of this appeal, and we need not set them forth
here. The parties’ current marital status is unclear based on the
record before us.
D. Trial court’s ruling and issuance of a
permanent restraining order
After hearing closing arguments from counsel for the
parties, the trial court gave its ruling. The court found Abigail
proved by a preponderance of the evidence that Edward engaged
“in an act or acts of abuse within the meaning of the Family
9
Code.” The court stated, “There was quite a bit of testimony that
wasn’t refuted.” Edward interjected and informed the court that
he refuted Abigail’s statements and testimony relating to her
claims against him. The court explained that it found Abigail’s
testimony to be credible, and the court was concerned about
Edward cleaning his guns on a weekly basis in the presence of
Abigail and the child, in light of the conflict between the parties.
The court commented, “And I think it’s credible that, if there
were safety concerns going on, that somebody could interpret that
[the weekly cleaning of the guns] as being threatening.”
The trial court issued a three-year domestic violence
prevention restraining order against Edward, protecting Abigail
and their daughter, and requiring Edward to stay away from
them and refrain from harassing or contacting them, except for
peaceful contact through a coparenting communication
application relating to visitation with the child. The restraining
order precludes Edward from owning or possessing a firearm or
ammunition.
The trial court heard argument from counsel for the
parties, and had a discussion with the parties, regarding custody
of and visitation with the child. The court granted Abigail sole
legal and physical custody of the child, with Edward to have two
hours of supervised visitation with his daughter on the weekend,
and a 15-minute video visit two times during the week. The in-
person visits must be “professionally supervised.”
As Edward points out on appeal, the permanent restraining
order is dated April 14, 2021 (next to the trial judge’s signature
on page five of form DV-130), although the evidentiary hearing
occurred on April 15, 2021, and the court issued its minute order
granting the request for a restraining order on April 15, 2021.
10
The permanent restraining order was filed on April 15, 2021 and
expires on April 15, 2024. The reporter’s transcript from the
April 15, 2021 hearing reflects that Abigail’s counsel was to
submit the proposed permanent restraining order forms for the
judge’s signature after the hearing. Thus, the record indicates
the April 14, 2021 date on the restraining order is a clerical error
and, on this court’s own motion, we will order the trial court to
correct it to reflect the date of April 15, 2021 next to the judge’s
signature.
There was no mention at the hearing of Edward’s Mexican
descent or any reference to alleged statements by Abigail’s
brother or his wife about Mexico or Mexicans.
Edward appealed from the permanent restraining order
and filed an opening brief as a self-represented litigant. Abigail
did not file a respondent’s brief.
DISCUSSION
In his brief on appeal, Edward sets forth his contention as
follows: “The court engaged in anti-Mexican racist bias with its
decision as it ignored my denials both in court and in my written
response declaration, as well as by finding me less credible
without any cause to do so.” As set forth above, at the hearing,
there was no mention of Edward’s Mexican descent or any
reference to alleged statements by Abigail’s brother or his wife
about Mexico or Mexicans. Edward was the only person to
reference such alleged statements in his declaration (but not at
the hearing). Notwithstanding that, Edward argues the trial
court could not have found in favor of Abigail unless the court
was biased against him because he is Mexican. He asserts in his
appellate brief: “Since there was no other evidence against me
[other than his Mexican descent], and since I proved illegal
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money transfers from both individuals testifying against me[,]
there is no reason for the court to find them more credible than I,
unless it does so simply because I am ‘Mexican.’ ”
Edward did not raise this issue in the trial court, before or
at the April 15, 2021 hearing when the court ruled against him,
so his claim of judicial bias is forfeited on appeal. (See Moulton
Niguel Water Dist. v. Colombo (2003) 111 Cal.App.4th 1210, 1218
[the defendants “did not preserve their claim of judicial bias for
review because they did not object to the alleged improprieties
and never asked the judge to correct remarks made or recuse
himself”].) Even if Edward had preserved the claim for review,
we would reject it because the record does not indicate the trial
court was biased against him because of his race or ethnicity.
The court made no comment from which such a bias could be
inferred. To the extent Edward challenges the sufficiency of the
evidence supporting the restraining order, his challenge fails
under our standard of review, as set forth below.
The purpose of the Domestic Violence Prevention Act
(DVPA; Fam. Code, § 6200 et seq.) “is ‘to prevent acts of domestic
violence, abuse . . . and to provide for a separation of the persons
involved in the domestic violence for a period sufficient to enable
these persons to seek a resolution of the causes of the violence.’
(§ 6220.) To this end, the DVPA provides for the issuance of
restraining orders that enjoin specific acts of abuse. ‘Abuse’ is
statutorily defined to include, among other things, to
‘intentionally or recklessly cause or attempt to cause bodily
injury’ and to ‘place a person in reasonable apprehension of
imminent serious bodily injury to that person or another.’
(§ 6203, subds. (a)(1) & (3).)” (In re Marriage of Fregoso &
Hernandez (2016) 5 Cal.App.5th 698, 702 (Fregoso).) “Generally,
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a trial court has broad discretion in determining whether to grant
a petition for a restraining order under this statutory scheme.
[Citation.] The DVPA permits a court, upon a showing of
‘reasonable proof of a past act or acts of abuse’ (§ 6300), to issue a
protective order restraining any person from contact, for the
purpose of preventing a recurrence of domestic violence.” (Ibid.)
“The DVPA requires a showing of past abuse by a preponderance
of the evidence.” (In re Marriage of Davila and Mejia (2018) 29
Cal.App.5th 220, 226.)
“On review of an order granting or denying a protective
order under the DVPA, we consider whether the trial court
abused its discretion. [Citation.] ‘ “The appropriate test for
abuse of discretion is whether the trial court exceeded the bounds
of reason. When two or more inferences can reasonably be
deduced from the facts, the reviewing court has no authority to
substitute its decision for that of the trial court.” ’ [Citation.] We
accept as true all evidence tending to establish the correctness of
the trial court’s findings, resolving every conflict in the evidence
in favor of the [order]. [Citation.] Under the substantial
evidence test, the pertinent inquiry is whether substantial
evidence supports the court’s finding—not whether a contrary
finding might have been made.” (Fregoso, supra, 5 Cal.App.5th
at p. 702.) Thus, we resolve all “ ‘questions of credibility in favor
of the prevailing party and indulge all reasonable inferences to
support the trial court’s order.’ ” (Phillips v. Campbell (2016) 2
Cal.App.5th 844, 849-850.)
The fact Abigail did not file a respondent’s brief on appeal
“does not affect [Edward]’s burden to show the [trial] court
abused its discretion in issuing the DVPA restraining order.”
(Fregoso, supra, 5 Cal.App.5th at p. 702.) We “decide the appeal
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on the record, the opening brief, and any oral argument by the
appellant.” (Cal. Rules of Court, rule 8.220(a)(2); Nakamura v.
Parker (2007) 156 Cal.App.4th 327, 334.)
Edward does not dispute that if what Abigail stated in her
declaration and testimony is true, the trial court did not err in
granting the restraining order. For example, he does not argue
the events Abigail described do not constitute abuse within the
meaning of the DVPA (e.g., kicking her legs while she was
holding their daughter, threatening to kill her, placing a gun to
his head in front of her and their daughter). Instead, he asserts
that because he denied the occurrence of any of the incidents of
abuse Abigail described, her declaration and testimony (and her
brother’s testimony) were not credible. This argument fails
under our standard of review. We “are not at liberty to reweigh
the evidence or reappraise witness credibility.” (In re Tobacco
Cases I (2013) 216 Cal.App.4th 570, 587.) The trial court found
Abigail to be credible, after Edward made clear to the court that
he refuted her statements and testimony relating to her claims
against him. Testimony of a single witness, even a party, may
constitute substantial evidence supporting an order. (See Evid.
Code, § 411; In re Marriage of Mix (1975) 14 Cal.3d 604, 614.)
Thus, Abigail’s statements in her declaration and her testimony
are sufficient evidence supporting issuance of the restraining
order.
In the statement of facts in his appellate brief, Edward
mentions he lost custody of his daughter as a result of Abigail’s
request for a restraining order. However, he does not specifically
challenge the trial court’s custody and visitation orders, separate
and apart from his claims of judicial bias and insufficiency of the
evidence supporting the restraining order.
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The record does not show the trial court abused its
discretion in granting the three-year domestic violence
4
prevention restraining order. Accordingly, we affirm the order.
DISPOSITION
The trial court is ordered to correct the date on page five of
the restraining order (form DV-130), next to the signature line, to
reflect the date of April 15, 2021. As so modified, the order is
affirmed. No costs are awarded on appeal.
NOT TO BE PUBLISHED
CHANEY, J.
We concur:
ROTHSCHILD, P. J. WEINGART, J.
4
The record does not support Edward’s claim that the trial
judge “had already made up her mind the day before the hearing”
to issue the permanent restraining order. The trial court heard
testimony and argument from the parties before making its
ruling on April 15, 2021, and the court’s findings supporting
issuance of the restraining order are supported by substantial
evidence. As Edward points out, however, the date next to the
judge’s signature on the restraining order is April 14, 2021, the
day before the April 15, 2021 evidentiary hearing. As we
explained above, the record indicates the April 14, 2021 date is a
clerical mistake, and we will order the trial court to correct it.
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